17SN0821
CASE NUMBER: 17SN0821
APPLICANT: Southern Century LLC
CHESTERFIELD COUNTY, VIRGINIA
MATOACA DISTRICT
AND RECOMMENDATION
Board of Supervisors Hearing:
OCTOBER 25, 2017
Board of Supervisors Time Remaining:
365 DAYS
ANDY SCHERZER (804-794-0571)
Planning Department Case Manager:
DARLA ORR (804-717-6533)
138.1 Acres 13801 Genito Road
REQUEST
Amendment of zoning approval (Case 04SN0205) to amend cash proffers, road improvements and
phasing, plus a conditional use to permit neighborhood recreational use in a Residential (R-12)
District. Specifically, deletion of Proffered Conditions 2 and 20 to eliminate cash payments and
amendment to Proffered Conditions 11 and 12 to modify type and timing of improvements to
Genito Road, and neighborhood recreational uses are proposed.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Proffered conditions, exhibits and approved zoning conditions are located in Attachments 1- 4.
SUMMARY
A single-family residential subdivision (Tuckmar) is planned. Existing zoning permits a maximum of
215 dwelling units, all of which would be impacted by this request.
The current cash proffer amount is $15,393 per dwelling unit. The current total potential value of
the approved cash proffer equates to $3,309,495. The applicant is proposing to provide offsite
road improvements, valued at $2,091,856, in lieu of a cash proffer payment. To provide a more
like comparison of the value of the proposed improvements versus total value of the outstanding
cash proffers, staff has converted the string of projected, future payments into current dollars.
Therefore, the potential calculated total of $3,309,495 is valued at $2,626,958 in current dollars.
In addition to turn lanes as warranted, an existing zoning condition requires widening of the south
side of Genito Road (11-foot lane width and 8-foot shoulder) for most of the property frontage,
with timing of the improvements to be approved during plans review. Amendments to these
requirements are proposed to bring improvements to widen the south side of Genito Road into
compliance with current VDOT minimum geometric design standards (12-foot lane width and 8-
foot shoulder) for all of the property frontage, and to clarify that the improvements will be made
with the development of more than 59 lots. These road improvements are proposed to address
t
Existing zoning conditions and those proffered with this case provide design and architectural
standards (summarized on pages 5 and 6) that are comparable in quality to that of existing and
planned area development. Neighborhood recreational uses would also be permitted.
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATIONS
PLANNING APPROVAL
COMMISSION
PLANNING APPROVAL
The quality, design and architecture required by existing zoning
conditions and offered by the applicant in this case provide for a
convenient, attractive and harmonious community comparable in
STAFF
quality to that of existing and anticipated area development.
TRANSPORTATION APPROVAL
improvements.
SUMMARY OF IDENTIFIED ISSUES
Department Issue
Post 2020, the tƌğƓ recommends a new elementary school in the vicinity of
Hull Street and Otterdale Roads, east of Skinquarter Road and south of
Duval Road, a new middle school in the vicinity of Hull Street and Otterdale
SCHOOLS
Roads, and a new high school in the vicinity of Genito and Otterdale Roads
northwest of Swift Creek Reservoir, however at this time a budget has not
been developed for the acquisition of land or construction of these school
facilities as recommended in the tƌğƓ.
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Comprehensive Plan
Classification: PHASED SUBURBAN RESIDENTIAL
The designation suggests the property is appropriate for residential use at a maximum of 2.0
dwelling units per acre with use.
Surrounding Land Uses and Development
Acreage parcels occupied
Genito Rd
by single family residences
Mt Hermon Rd
or are vacant
Horner Park
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PLANNING
Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov
Zoning History
Case Number Request
Rezoning to R-12.
Maximum of 215 dwelling units
Cash proffer of $9,000.00 per dwelling unit (currently escalated to $ 15,393);
04SN0205
optional transportation improvements in lieu of cash payments; optional
Approved
upfront lump sum transportation contribution
(8/2004)
The staff report for Case 04SN0205 analyzed the impact of the proposed
impact.
Proposal
Existing zoning permits a maximum of 215 single family dwelling units, all of which are included in this
request. A preliminary subdivision plan has been approved for the development to be known as
Tuckmar subdivision.
Approval of a conditional use is requested to permit neighborhood recreational use as an amenity to
the development. Active and passive recreational uses would be permitted (Proffered Condition 4
Attachment 1). Proffered conditions offer minimum development standards for the recreational uses:
setbacks, buffers and limits on use of outside speakers and/or public address systems. (Proffered
Conditions 5, 6 and 7 Attachment 1)
Design Requirements of Case 04SN0205
The following provides an overview of the approved design requirements referenced in attached case
information (Attachment 4):
Community Design
Buffers within open space along Genito Road
Retention of existing ponds
Trail along Otterdale Branch
Lot Design
Minimum lot sizes
Restrictive covenants recorded to require uniform mailboxes and screened service yards for
trash receptacles, HVAC, meters, tanks and similar facilities*
House Design
Minimum dwelling size (gross floor area) of 2,500 square feet
Exposed foundations and piers to be faced with brick or stone veneer or EIFS
All garages to be rear or side entry
Restrictive covenants recorded to establish an architectural review group*
*County would ensure recordation, but not enforcement of restrictive covenants
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Design
High quality residential development addresses the Comprehensive Plan goals for strong and
sustainable neighborhoods that are visually attractive, well-planned and well-maintained. Further,
the purpose and intent of the zoning ordinance to promote the health, safety, convenience and
general welfare of the public includes the creation of convenient, attractive and harmonious
communities, protection against overcrowding of land, and protection of the natural environment.
As such, developments that promote unique, viable and long-lasting places and enhance the
community are encouraged.
The following provides an overview of additional design requirements offered as part of this
request (Proffered Conditions and Exhibits A and B Attachments 1 - 3):
Community Design (Exhibit A Attachment 2)
Active and passive recreational use permitted; standards address transition between these
uses and residential lots
Minimum 5 acres of open space retained as focal point: includes existing pond, amenities to
facilitate gathering
Lots not permitted to back up to east side of focal point so as not to hide amenity behind lots
th
Minimum 192 square foot pavilion with hardscaping, seating for gathering to be built with 50
building permit
Lot Design
Hardscaped driveways, parking and front walks
Lot landscaping front yard tree, foundation planting and screening of HVAC and generators
House Design
Architectural design compatible with dwellings in Exhibit B (Attachment 3)
Variety of elevations to avoid monotonous streetscape
Step down siding permitted for unique topographic conditions; maintain minimum 24 inches
of brick/stone foundation
Exterior façade treatment includes variety of materials (if vinyl minimum 0.44 wall thickness)
Standing seam or architectural dimensional shingles for roofs with 30-year warranty
Front porch treatment
As suggested by the Comprehensive Plan goals and the Zoning Ordinance, the proffered conditions
offered with this request along with those approved with Case 04SN0205 include quality design
and architectural elements that are comparable in quality to that of existing and planned area
development.
BUDGET & MANAGEMENT
Staff Contact: Natalie Spillman (804-318-8767) spillmann@chesterfield.gov
County finance staff is responsible for managing the finances of the County and making
recommendations to the County Administrator regarding the allocation of available resources for
the provision of services and capital facilities to serve the citizens of the County. Finance staff will
advise the County Administrator if changed economic circumstances require adjustments to the
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COUNTY TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
The property could be developed for 215 lots. Based on those numbers of lots and applying trip
generation rates for a single-family dwelling, development could generate approximately 2,124
average daily trips. Traffic generated by development of the property will be initially distributed to
Genito Road.
Genito Road is a major arterial with a recommended right of way width of 90 feet, as identified on
ŷƚƩƚǒŭŷŅğƩĻ tƌğƓ. Genito Road is a two-lane road. Sections of the road are
substandard, with approximately 10-foot lane widths and no usable shoulders. VDOT minimum
geometric design standards recommend this road have 12-foot lane widths and 10-foot shoulders.
In 2015, the traffic count on Genito Road between Mount Hermon Road and Moseley Road was
Section 19.1-231 of the County Code outlines the general requirements to meet the needs of the
traffic generated by a proposed development, including acceptable levels of service. This proposed
residential development would contribute to an identifiable need for transportation
improvements. The applicant has offered the following (Note: some of these improvements are
currently required by Case 04SN0205):
Road Improvements (Proffered Condition 1)
Left and right turn lanes along the Genito Road at each approved access.
Widening/improving the south side of Genito Road to a twelve (12) foot wide travel lane,
with an additional four (4) foot wide paved shoulder plus a four (4) foot wide unpaved
shoulder and overlaying the full width of Genito Road for the entire property frontage.
Note: The proffered widening/improving along Genito Road includes the property frontage
along the adjacent parcel to the east (Tax ID 701-689-2971).
The property is within Traffic Shed 6, which encompasses a large area in the western part of the
county. Many of the roads in this part of the county have little or no shoulders, fixed objects (trees)
adjacent to the edge of the pavement and poor vertical and horizontal alignments. The traffic
volume generated from this proposed residential development will contribute to an identifiable
need for transportation facility improvements to these roads in excess of existing transportation
facility capacity. Roads in this shed or which serve this shed need to be improved or widened to
address safety and accommodate increased traffic, including the increased traffic from the
proposed development.
An applicant may choose to address the devel
network through dedication of property, construction of road improvements, or a cash proffer. If
network, Transportation staff has calculated the average impact of a single-family dwelling unit on
the transportation network to be $12,652; however, the Board of Supervisors has adopted a policy
establishing that it would accept a maximum cash proffer of $9,400 per dwelling unit as addressing
the traffic impacts of residential development, with all of the funds to be dedicated towards
improvements to the road network. As such, if the applicant chooses to address the
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rough payment of a cash proffer, $9,400
per dwelling unit for improvements to the road network would be appropriate. The traffic impact
of the proposed development could be valued at $2,021,000 (215 x $9,400).
As noted above, the applicant has proffered to widen/improve Genito Road for the property
frontage (Proffered Condition 1). This improvement has been estimated to be valued at
approximately $2,091,856, and is proffered to be completed in conjunction with development of
more than 59 residential lots (Proffered Condition 2). Some of the widening/improving of Genito
Road will be provided with the construction of the initial left and right turn lanes. It should be
noted, however, that the actual cost to provide this improvement could be more or less than the
estimated value. Staff supports the request.
FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
Mission
The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the
environment through a comprehensive fire and life safety program that ensures an adequate and
timely response to emergencies.
Response Times
The proposed development is located in the rural response zone for which Fire & EMS has a goal of
responding to at least 90% of the calls for service in under twelve (12) minutes. Fire and EMS is
currently unable to meet that goal.
Nearby Fire/EMS Facilities
The Swift Creek Fire Station, Company Number 16
Anticipated Fire & EMS Impacts/Needs
Based on an average of .18984 calls per dwelling, it is estimated that this development will
generate 41 annual calls for Fire/EMS services.
Additional Fire and EMS Comments
When the property is developed, the number of hydrants, quantity of water needed for fire
protection, and access requirements will be evaluated during the plans review process.
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SCHOOLS
Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net
Mission
High performing, high quality public schools contribute to the quality of life and economic vitality
of the County. The comprehensive plan suggests a greater focus should be placed on linking
schools with communities by providing greater access, flexible designs and locations that better
meet the needs of the communities in which they are located.
Capital Improvements
The School Board FY2018 adopted Capital Improvement Plan (CIP) continues to support the 2013
voter approved school revitalization program that will replace or renovate ten schools and
construct one new elementary school to add capacity in the Midlothian area of the county. The
ten existing facilities that are part of the revitalization program are Providence Middle School,
Monacan High School, Manchester Middle School, Beulah Elementary School, Enon Elementary
School, Matoaca Elementary School, Harrowgate Elementary School, Reams Elementary School,
Crestwood Elementary School, and Ettrick Elementary School. The project at Providence Middle
School is currently in construction, a new Manchester Middle School is planned for construction on
the existing school site, and the project at Monacan High School is complete. Additional
information on the CIP can be found in the financial section of the CCPS Adopted Budget for
FY2018.
Anticipated School Impacts
Elementary Middle High Total (1)
Anticipated Student Yield by 45 24 34 103
School Type
Schools Currently Serving AreaGrange Hall Tomahawk Creek Cosby
Current Enrollment 775 1505 2054
Building Capacity (2) 975 1675 1950
2016-17
(3)
Functional Capacity 762 1301 1918
School Year
Enrollment Percent of Total 102% 116% 107%
Data
Functional Capacity
Total Number of Trailers 3 5 9
Number of Classroom Trailers 2 4 9
Note:
Based upon average number of students per single family dwelling unit countywide at 0.48 students per unit.
(1)
Building capacity is the number of standard classrooms times the average class size of 25 students.
(2)
Functional capacity considers special programs occurring in the standard classrooms at less than average class size
(3)
Public Facilities Plan
Post 2020, the tƌğƓ recommends a new elementary school in the vicinity of Hull Street and
Otterdale Roads, east of Skinquarter Road and south of Duval Road, a new middle school in the
vicinity of Hull Street and Otterdale Roads, and a new high school in the vicinity of Genito and
Otterdale Roads northwest of Swift Creek Reservoir, however at this time a budget has not been
developed for the acquisition of land or construction of these school facilities as recommended in
the tƌğƓ.
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LIBRARIES
Staff Contact: Jennifer Stevens (804-751-4998) stevensj@chesterfield.gov
Mission
resource for information and materials, and now serves as a community gathering place for
educational, cultural and informational services; community support during emergencies;
economic development; and revitalization activities.
Nearby Libraries
Clover Hill Library
PARKS AND RECREATION
Staff Contact: Stuart Connock (804-751-4484) ConnockS@chesterfield.gov
To date no comments received.
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov
Geography
The subject properties drain south directly to Otterdale Branch, a tributary to the Swift Creek
Reservoir. The entire development is located within the Upper Swift Creek Watershed.
Natural Resources
The properties contain Resource Protection Area (RPA) along Otterdale Branch, as well as the around
the existing pond located in the center of proposed development and the tributary from the pond to
with RPA. A Water Quality Impact Assessment will be required for any improvements which encroach
into the RPA.
In addition, the subject properties contain 100-year floodplain along Otterdale Branch. Wetlands are
also located along the tributaries to and from the existing on-site ponds, along Otterdale Branch, and
in other low areas. Wetlands cannot be impacted without a permit from the U.S. Army Corps of
Engineers and/or the Virginia Department of Environmental Quality.
Stormwater Management
The properties are currently covered by an active State General Construction permit; therefore, the
development is subject to the Part IIC technical criteria of the Virginia Stormwater Management
Program Regulations for both water quality and water quantity until July 1, 2024, unless otherwise
extended by state regulation.
The residential subdivision is subject to the Upper Swift Creek Watershed maximum post-
development total phosphorus loading for residential uses of 0.22 pounds per acre per year.
Proffered Condition 15 of Case 04SN0205 was offered to retain the two southernmost existing ponds
with the development of the subdivision.
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VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Jonathan Phillippe(804-674-2560) jonathan.phillippe@vdot.virginia.gov
UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
This request will not impact these facilities.
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CASE HISTORY
Applicant Submittals
12/5/16 Application submitted
6/8 and Application amended
6/28/17
5/16, 6/15, Amended proffered conditions and exhibits submitted.
6/28, 7/7,
8/2, 8/25
and 9/6/17
Community Meeting
6/15/17 Issues Discussed:
Only amendment is to cash proffer
Adding Conditional Use for recreational amenities
Concern with condition of roads leading from Otterdale Road to Route 60;
traffic volume
Roundabout design at Otterdale and Genito Roads
Support increasing architectural standards; quality will encourage quality
in other developments
Planning Commission
9/19/17 Citizen Comments:
No citizens spoke to this request.
Recommendation APPROVAL SUBJECT TO THE PROFFERED CONDITIONS IN
ATTACHMENT 1
Motion: Freye Second: Wallin
AYES: Sloan, Jackson, Freye, Jones and Wallin
The Board of Supervisors on Wednesday, October 25, 2017, beginning at 6:00 p.m., will
consider this request.
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ATTACHMENT 1
PROFFERED CONDITIONS
(September 13, 2017)
Note: The following proffered conditions are recommended by both the Planning Commission
and Staff.
With the approval of this request, Proffered Conditions 2 and 20 of Case 04SN0205 shall be
deleted, and Proffered Conditions 11 and 12 of Case 04SN0205 shall be amended as outlined
below. All other conditions of Case 04SN0205 shall remain in force and effect.
The Applicant amends Proffered Condition 11 to read as follows:
Road Improvements. The owner/developer shall be responsible for the following:
1.
a.Construction of additional pavement along Genito Road at each approved access to
provide right and left turn lanes;
b.Widening/improving the south side of Genito Road to a twelve (12) foot wide travel
lane, measured from the centerline of the existing pavement, with an additional
four (4) foot wide paved shoulder plus a four (4) foot wide unpaved shoulder and
overlaying the full width of the road with one and a half (1.5) inch of compacted
bituminous asphalt concrete, with any modifications approved by the
Transportation Department, for the entire property frontage; and
c. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-
way (or easements) required for the improvements identified above. (T)
The Applicant amends Proffered Condition 12 to read as follows:
Phasing Plan. Prior to recordation of the initial subdivision plat, a phasing plan for the
2.
required road improvements, identified in Proffered Condition 1, shall be submitted to and
approved by the Transportation Department. The approved phasing plan shall include a
requirement to complete, as determined by the Transportation Department, the road
improvements identified in Proffered Condition 1.b in conjunction with development of
more than a cumulative total of 59 lots. (T)
The Applicant hereby offers the following proffered conditions:
Architectural/Design Elements:
3.
a.Driveways/Front Walks
i.Driveways: All portions of driveways and parking areas shall be brushed
concrete, stamped concrete, exposed aggregate concrete, asphalt or
decorative pavers.
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ii.Front Walks: A minimum of a three (3) foot wide concrete, or decorative
pavers, front walk shall be provided to the entrance of each dwelling unit, to
connect to drives, sidewalks, or streets.
b.Landscaping
i.Front Yard Tree: One (1) tree per lot shall be planted or retained. A tree shall
be planted or retained on both street frontages on corner lots. The front
yard tree shall be a large deciduous tree and have a minimum caliper of 2.5
inches. Native trees shall be permitted to have a minimum caliper of 2
inches.
ii.Front Foundation Planting Beds: Foundation planting is required along the
entire front façade of all units, and shall extend along all sides facing a street.
Foundation Planting Beds shall be a minimum of four (4) feet wide from the
unit foundation. Planting beds shall be defined with a trenched edge or
suitable landscape edging material. Planting beds shall include medium
shrubs and may include spreading groundcovers. Unit corners shall be
-
-
c.Architecture and Materials
i.Style and Form: The architectural styles shall be interpretations of traditional
Richmond architecture, using forms and elements compatible with those
elevations in Exhibit B, including styles such as Georgian, Adam, Classical
Revival, Colonial, Greek Revival, Queen Anne, and Craftsman Styles.
i.Repetition: Dwellings with the same elevations may not be located adjacent
to, directly across, or diagonally across from each other on the same street.
This requirement does not apply to units on different streets backing up to
each other.
ii.Step Down Siding. Stepping the siding down below the first floor shall only
be permitted in circumstances of unique topographical conditions. Step
downs shall be permitted on the side and rear elevations only, with a
maximum of two (2) steps permitted on any elevation, and with a minimum
separation of eight (8) feet between steps. A minimum of 24 inches of
exposed brick or stone shall be required, unless a lesser amount is approved
by the Planning Department at time of plans review due to unique design
circumstances.
iii.Exterior Facades: Acceptable siding materials include brick, stone, masonry,
stucco, synthetic stucco (E.I.F.S), vinyl siding, and approved horizontal lap
siding. Horizontal lap siding may be manufactured from natural wood or
cement fiber board or may be premium quality vinyl siding. Plywood and
metal siding are not permitted. Additional siding requirements:
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1.Where a dwelling borders more than one street, all street-facing
facades shall be finished in the same materials.
2.Vinyl siding is permitted in traditional wide beaded styles or
comparable quality. Dutch lap siding is not permitted. Premium
quality vinyl is defined as vinyl siding with a minimum wall thickness
of .044 inches.
3.Synthetic Stucco siding shall be finished in smooth, sand or level
texture. Rough textures are not permitted.
d.Roof Materials: Roofing material shall be standing seam metal or dimensional
architectural shingles with a minimum 30-year warranty.
e.Front Porches: Extended front porches shall be a minimum of five (5) feet deep.
Space between piers under porches shall be enclosed with framed lattice panels.
Handrails and railings shall be finished painted wood, vinyl rails or metal rail systems
with vertical pickets or swan balusters. Pickets shall be supported on top and
bottom rails that span between columns.
f.Garage Details. Corner side loaded garages shall use an upgraded garage door. An
upgraded garage door is any door with a minimum of two (2) enhanced features.
Enhanced features shall include; windows, raised panels, decorative panels, arches,
hinge straps or other architectural features on the exterior that enhance the entry
(i.e. decorative lintels, shed roof overhangs, arches, columns, keystones, eyebrows,
etc.). Flat panel garage doors are prohibited.
g.Heating, Ventilation and Air Conditioning (HVAC) Units and Whole House
Generators. Units shall initially be screened from view of public roads by landscaping
or low maintenance material, as approved by the Planning Department. (P and BI))
Recreational Facilities. Recreational facilities shall be permitted. These uses shall be limited
4.
to facilities and uses that primarily serve the surrounding residential community including,
but not limited to, passive recreation, such as picnic areas, trails, paths, sidewalks, ponds,
open space, and vistas, and active facilities, such as swimming pools, tennis courts,
basketballs courts, volleyball courts, playgrounds, and clubhouses. (P)
Active Recreation.
5.
a.With the exception of playground areas (i.e., areas accommodating swings, jungle
gyms, or similar such facilities), outdoor playfields, courts, swimming pools and
similar active recreational shall be setback seventy-five (75) feet from single family
residential lot lines and property adjacent to the subdivision. Except along Genito
Road where a 100-foot buffer is required in accordance with Condition 3 of Case
04SN0205, such uses shall be setback a minimum of twenty-five (25) feet from
roads.
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b.Within the setbacks, a twenty-five (25) foot buffer shall be provided in accordance
with Zoning Ordinance requirements for fifty (50) foot buffers. (P)
Indoor and Passive Recreational Facilities, Parking and Playgrounds.
6.
a.Indoor facilities, parking, playground areas and passive recreational facilities shall be
setback a minimum of fifty (50) feet from single family residential lot lines and
property adjacent to the subdivision, and twenty-five (25) feet from roads, except
along Genito Road where a 100-foot buffer is required in accordance with Condition
3 of Case 04SN0205.
b.Within the fifty (50) foot setbacks, a forty (40) foot buffer shall be provided, and
within the twenty-five (25) foot setbacks, a twenty-five (25) foot buffer shall be
provided. Both buffers shall be provided along the perimeter of these recreational
facilities and in accordance with Zoning Ordinance Section 19.1-263. (P)
Outside public-address systems or speakers. Outside public-address systems or speakers
7.
shall only be permitted in conjunction with pool use. The systems or speakers shall not be
used between the hours of 11 p.m. and 8 a.m. (P)
Focal Point/Open Space.
8.
a.A minimum of five (5) acres of open space, inclusive of the existing pond, shall be
amenities that accommodate and facilitate gatherings. The focal point shall be
developed concurrent with the phase of development that the focal point is located
in. No lots shall abut the focal point area to the east or north side of the pond as
shown on Exhibit A.
b.A covered community gathering space such as a pavilion, gazebo, or similar
i.The pavilion(s) shall be a minimum of 192 square feet in size and the design
of the pavilion(s) shall be compatible with the architecture of the
community. The space within the pavilion(s) shall be hardscaped and include
benches or other seating to facilitate gatherings. The pavilion(s) shall be
connected to the main sidewalk within the development by a pathway or
walking trail.
ii.The exact location of the pavilion(s) shall be determined at the time of the
initial construction plan approval.
iii.Once the location(s) is(are) identified, the pavilion(s) shall be constructed as
part of that row or group of residential units immediately adjacent to the
pavilion(s) location(s).
iv.Notwithstanding the provisions above, a pavilion shall be under construction
th
prior to the issuance of the 50 building permit. (P)
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Sidewalks. Sidewalks shall be provided throughout the development and to connect to the
9.
adjacent parcel with Tax ID 702-688-6738, as generally shown on Exhibit A
(P)
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ATTACHMENT 2
EXHIBIT A
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ATTACHMENT 3
EXHIBIT B - ELEVATIONS
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ATTACHMENT 4
APPROVED CONDITIONS (04SN0205)
1. The public water and wastewater systems shall be used. (U)
2. The applicant, subdivider, or assignee(s) shall pay the following to Chesterfield
County, for infrastructure improvements within the service district for the property.
A. Prior to the time of issuance of a building permit for each dwelling unit, the
applicant, subdivider, or assignee(s) shall pay to the County of Chesterfield
the following amounts for infrastructure improvements within the service
district for the property:
a. if payment is made prior to July I, 2004, $9,000.00; or
b. if payment is made after June 30, 2004, the amount approved by the
Board of Supervisors not to exceed $9,000.00 per dwelling unit
adjusted upward by any increase in the Marshall and Swift Building
Cost Index between July 1, 2003, and July 1 of the fiscal year in which
the payment is made.
B. At the option of the Transportation Department exercised pursuant to
proffer no. 20 below, and in lieu of the amounts set forth in proffer no. 2. A
above, the applicant, subdivider, or assignee(s) shall pay to the County of
Chesterfield prior to the time of issuance of a building permit for each
dwelling unit, the following amounts for infrastructure improvements
(excluding transportation) within the service district for the property:
a. if payment is made prior to July 1, 2004, $5,453; or
b. if payment is made after June 30, 2004, the amount approved by the
Board of Supervisors not to exceed $5,453 per dwelling unit adjusted
upward by any increase in the Marshall and Swift Building Cost Index
between July 1, 2003, and July 1 of the fiscal year in which the
payment~ is made.
C. At the option of the Transportation Department the cash proffer payment
may be reduced for road improvements by an amount not to exceed the
amount that would be paid in cash proffers for the road component,
exclusive of those road improvements identified in Proffered Condition 11,
performed by the applicant, subdivider, or assignee (5) J as determined by
the Transportation Department.
D. In the event the cash payment is not used for which proffered within 15
years of receipt, the cash shall be returned in full to the payor.
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E. Should any impact fees be imposed by Chesterfield County at any time
during the life of the development that are applicable to the property, the
amount paid in cash proffers shall be in lieu of or credited toward, but not be
in addition to, any impact fees, in a manner determined by the County.
(B&M)
3. A one hundred (100) foot buffer shall be provided along Genito Road. This buffer
shall be located within recorded open space and shall comply with the requirements
of the Subdivision Ordinance. (P)
4. The total number of residential dwelling units allowed on the Property shall not
exceed 215 dwelling units.
5. All dwelling units shall have a minimum gross floor area of 2500 square feet. (B1 &
P)
6. All dwelling units that provide a garage shall employ rear or side entry garage
designs. (Bl & P)
7. All exposed portions of the foundation and exposed piers supporting front porches
of each new dwelling unit shall be faced with brick or stone veneer or exterior
insulation and finishing systems (EIFS) materials. (BI & P)
8. Except for timbering approved by the Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been obtained from the Environmental
Engineering Department and the approved devices installed. (EE)
9. Direct access from the property to Genito Road shall be limited to two (2) public
roads. The exact location of these accesses shall be approved by the Transportation
Department. (T)
10. In conjunction with the recordation of the initial subdivision plat, forty-five (45) feet
of right of way on the south side of Genito Road, measured from the centerline of
that part of Genito Road immediately adjacent to the property, shall be dedicated,
free and unrestricted, to and for the benefit of Chesterfield County, (T)
11. To provide an adequate roadway system at the time of complete development, the
owner/developer shall be responsible for the following:
a. Construction of additional pavement along Genito Road at each approved
access to provide right and left turn lanes, if warranted, based on
Transportation Department standards;
b. Widening/improving the south side of Genito Road to an eleven (ll) foot wide
travel lane, measured from the existing centerline of the road, with an
additional one (l) foot wide paved shoulder plus a seven (7) foot wide
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unpaved shoulder, and overlaying the full width of the road with one and a
half (1.5) inch of compacted bituminous asphalt concrete, with any
modifications approved by the Transportation Department, for the entire
property frontage except along the eastern part of the property that is
approximately forty-five (45) feet in width
c Dedication to Chesterfield County, free and unrestricted, any additional
right-of-way (or easements) required for the improvements identified above.
In the event the developer is unable to acquire any off-site right-of-way
that is necessary for any improvement described in proffer condition 11, the
developer may request, in writing, that the County acquire such right-at-way
as a public road improvement. All costs associated with the acquisition of the
right-of-way shall be borne by the developer. In the event the County
chooses not to assist the developer in acquisition of the "off-site" right-of-
way, the developer shall be relieved of the obligation to acquire the "off-
site right-of-way and shall provide the road improvements within available
right-of-way as determined by the Transportation Department. (T)
12. Prior to any construction plan approval, a phasing plan for the required road
improvements, as identified in Proffered Condition 11, shall be submitted to and
approved by the Transportation Department. (T)
13. Public Roads shall be constructed with concrete curb and gutter, with the exception
of non lot frontage roads which shall be permitted to be constructed with road side
ditch, (EE)
14. At a minimum, the following restrictive covenants shall be recorded for the
development.
Architectural Board - The Architectural Board shall have exclusive jurisdiction over
all original construction, modifications, additions or alterations made on or to all
existing improvements, and the open space, if any, appurtenant thereto on all
property. It shall prepare and, on behalf of the Board of Directors, shall promulgate
design and development guidelines and application and review procedures, all as
part of the design and environmental standards. The standards shall incorporate all
restrictions and guidelines relating to development and construction contained in
this Declaration as well as restrictions and guidelines with respect to location of
structures upon property, size of structures, driveway and parking requirements,
foundations and length of structures, and landscaping requirements. Copies shall be
available from the Architectural Board for review. The guidelines and procedures
shall be those of the Association, and the Architectural Board shall have sole and full
authority to prepare and to amend the standards available to Owners, builders, and
developers who seek to engage in development of or construction upon property
within their operations strictly in accordance therewith. The Architectural Board
shall initially consist of three (3) members, all appointed by the Declarant. At such
time as fifty percent (5O%) of all property within subject property has been
developed, improved, and conveyed to purchasers in the normal course of
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development and sale, the Board of Directors of ~he Association shall have the right
to appoint a maximum of two (2) additional members. At no time shall the
Architectural Board have fewer than three members nor more than five (S)
members. At such time as one hundred percent (100%) of all property has been
developed, improved, and conveyed to purchasers in the normal course of
development and sale, the Board of Directors shall appoint all members of the
Architectural Board. The declarant may, at his option, delegate to the Board of
Directors its right to appoint one or more members of the Architectural Board. At all
times, at least one (1) member of the Architectural Board shall be a member of the
Association, and at least one (1) member shall be an architect licensed to practice in
the State of Virginia, who shall also be the Chairperson.
Mailboxes - Every improved lot shall be required to have a mailbox with supporting
post and streetlight of design and installation as specified in the standards. Each lot
owner shall be responsible for the maintenance and
operation of the fixture, support, and mailbox.
Parking - Each property owner shall provide space for the parking of automobiles off
public streets prior to the occupancy of any building or structure constructed
on said property in accordance with the standards.
Signs - No signs shall be erected or maintained on any property by anyone including,
but not limited to, the owner, a realtor, a contractor, or a subcontractor, except as
provided for in the standards or except as may
be required by legal proceedings. Residential property identification and like signs
not exceeding a combined total of more than one (1) square foot may be erected
without the written permission of the Declarant or the Association.
Condition of Ground - It shall be the responsibility of each property owner and
tenant to prevent the development of any unclean, unsightly, or unkempt
conditions of buildings or grounds on such property, which shall tend to
substantially decrease the beauty of the neighborhood as a whole or the specific
area.
Minimum Square Footage - No plan required under these Covenants will be
approved unless the proposed house or structure has a minimum square footage of
enclosed dwelling space as specified in the standards. Such minimum requirement
for each lot will be specified in each sales contract and stipulated in each deed. The
term "enclosed dwelling area" as used in these minimum size requirements does
not include garages, terraces, decks, open porches, and the like areas.
Residential Use -
a. All lots shall be used for residential purposes exclusively. The use of a portion
of a dwelling on a lot as an office by the owner or tenants thereof shall be
considered a residential use if such use does not create customer or client
traffic to and from the lot. No structure, except as herein after provided,
shall be erected, altered, placed, or permitted to remain on any lot other
3017SN0821-2017OCT25-BOS-RPT
than one (1) detached single family dwelling and one (1) accessory building
which may include a detached private garage, provided the use of such
accessory building does not overcrowd the site and provided further that
such building is not used for any activity normally conducted as business.
Such accessory building may not be constructed prior to the construction of
the main building.
b. A guest suite or like facility without a kitchen may be included as part of the
main dwelling or accessory building, but such suite may not be rented or
leased except as part of the entire premises including the main dwelling and
provided, however, that such suite would not result in overcrowding of the
site.
c, The provisions of this paragraph shall not prohibit the Developer from using
a house as a model as provided in this Declaration.
Exterior Structure Completion - The exterior of all houses and other structures must
be completed within one (1) year after the construction of same shall have
commenced, except where such completion is impossible or would result in great
hardship to the owner or builder due to the strikes, fires, national emergency, or
natural calamities. Houses and other dwelling structures may not be temporarily or
permanently occupied until the exteriors thereof have been
completed. During the continuance of construction the owner of the lot shall
require the contractor to maintain the lot in a reasonable clean and uncluttered
condition.
Screened Areas - Each lot owner shall provide a screened area to serve as a service
yard and an area in which garbage receptacles, fuel tanks, similar storage
receptacles, electric and gas meters, air conditioning equipment, clotheslines, and
other unsightly objects must be placed or stored in order to conceal them from view
from the road and adjacent properties. Plans for such screened area delineating the
size, design, texture, appearance, and location must be approved by the
Architectural Board prior to construction. Garbage receptacles and fuel tanks may
be located outside of such screened area only if located underground.
Vehicle Storage - No mobile home, trailer, tent, barn, or other similar out-building or
structure shall be placed on any lot at any time, either temporarily or
permanently. Boats, boat trailers, campers, recreational vehicles, or utility trailers
may be maintained on a lot, but only when in an enclosed or screened area
approved by the Architectural Board such that they are not generally visible from
adjacent properties.
Temporary Structures - No structure of a temporary character shall be placed upon
any lot at any time provided, however, that this prohibition shall not apply
to shelter or temporary structures used by the contractor during the construction of
the main dwelling house, it being clearly understood that these latter temporary
shelters may not at any time be used as residences or permitted to remain on the
3117SN0821-2017OCT25-BOS-RPT
lot after completion of construction. The design and color of structures temporarily
placed on the lot by a contractor shall be subject to reasonable aesthetic control by
the Architectural Board.
Antennas - No television antenna, radio receiver or sender, or other similar device
shall be attached to or installed on the exterior portion of any building or
structure or any lot, except as permitted by applicable law and except that should
cable television services be unavailable and good television reception not be
otherwise available, a lot owner may make written application to the Association for
permission to install a television antenna and such permission shall not be
unreasonably withheld.
Further Subdivision - No lot shall be subdivided or its boundary lines changed, nor
shall applications for same be made to Chesterfield County, except with the written
consent of the Declarant. However, the Declarant hereby expressly reserves to
itself, its successors, or assigns the right to replat any lot or lots owned by it and
shown on the plat of any subdivision in order to create a modified building lot or a
replatted lot suitable and fit as a building site including, but not limited to, the
recreational facilities, and other amenities to conform to the new boundaries of said
replatted lots, provided that no lot originally shown on a recorded plat is reduced to
a size smaller than the smallest lot shown on the first plat of subdivision. However
the interpretation of the paragraph shall not prohibit the combining of two (2) or
more contiguous lots into one (1) larger lot, only the exterior boundary lines of the
resulting larger lot shall be considered in the interpretation of these covenants.
Animals - Only common household pet animals shall be permitted. All pet animals
must be secured by a leash or lead, or be under the control of a responsible person
and obedient to that person's command at any time they
are permitted outside a residence or other enclosed area upon a lot approved by
the Architectural Board for the maintenance and confinement of pet animals. No
livestock including cattle, horses, sheep, goats, pigs, or poultry shall be permitted
upon any lot. After giving a lot owner written notice of complaint and
reasonable opportunity to remedy the situation, the Board of Directors may order
the removal of any pet, which has been a nuisance or a danger.
Motor Bikes All Terrain Vehicles - No motor bikes, motorcycles, or all terrain vehicles
shall be driven upon the common area, lots, or roads (unless properly
licensed on roads) with the exception of licensed vehicles and mopeds which shall
be operated solely upon the public streets for direct ingress and egress
purposes only.
External Lighting - No external lighting shall be installed or utilized on any property,
which is of such character, intensity, or location as to interfere with
the use, enjoyment I and privacy of any lot or owner in the near vicinity. No neon or
flashing lights shall be permitted. All external lighting shall be approved by
the Architectural Board as appropriate in size, location, color, and intensity.
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Swimming Pools - No swimming pool, whether in ground or above ground, whether
permanent or temporary, shall be installed upon any lot: without the prior written
consent of the Architectural Board. The Architectural Board shall require that all
swimming pools be adequately screened.
Rules and Regulations - The Board of Directors is granted and shall have the power
to promulgate rules and regulations, from time to time, governing the use of and
activity upon the Common Area and the Recreational Facilities (if the Recreational
Facilities are owned or leased by the Association). All rules and regulations
promulgated by the Board of Directors shall be published and distributed to each
member of the Association at least thirty (30) days prior to their effective date. (P)
15. The two (2) southern most existing ponds shall be retained. (EE)
16. Development on the Property shall be phased as follows:
a. No lots shall be recorded prior to January 1, 2006
b. No more than one hundred (100) lots shall be recorded prior to January 1,
2007.
c. No more than a cumulative total of two hundred (200) lots shall be recorded
prior to January 1, 2008,
d. The remaining lots shall be recorded after January 1, 2008, (P)
17. The developer shall provide a trail along the length of Otterdale Branch from the
eastern to western parcel boundaries. The exact length, width and treatment of the
trail shall be approved by the Parks and Recreation Department. The trail shall be
dedicated to the county or an easement granted to the county, or shall be owned
and maintained by the Homeowners Association. (P&R)
18. Temporary sediment basins shall remain in place and/or new BMP's constructed to
achieve the 0.22 phosphorous standard until the downstream regional BMP into
which the development will drain has been constructed. {EE}
19. All lots shall have a minimum lot area of 15,000 square feet except that any lot
immediately adjacent to Genito Road and any lot along the Western Property line
adjacent to Tax ID# 698-689-6647 shall have a minimum lot area of 25,000 square
feet. (P)
20. At the option of the Transportation Department, which option shall be exercised in
writing no earlier than the recordation of a subdivision plat and no later than the
issuance of a building permit, the applicant, subdivider, or assignee (s) shall comply
with the obligations of proffer no. 2.B and, also shall either: (i) pay to the County of
Chesterfield the sum of 763,000 for transportation improvements describe below or
(ii) provide the County with a bond or surety, in a form acceptable to the County
Attorney, in the amount of $763,000 that shall provide for payment of the $763,000
to the County within thirty (30) days of written request by the Transportation
Department. In either event, the $763,000 payment shall be used by the County for
the construction of Genito Road improvements within Traffic Shed No.6. (T)
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